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(iii) =20 unable to make a rational and informed decision as to whether or = not to=20 submit to treatment.

Tex.=20 Health & Safety Code Ann. = ' = 574.034(a) (Vernon 2003).

The Mental=20 Health Code further provides:

To be clear and = convincing .=20 . . the evidence must include expert testimony and, unless waived, = evidence of a recent overt act or a continuing pattern of = behavior=20 that tends to confirm:

(1) the likelihood = of serious=20 harm to the proposed patient or others; or

(2) the proposed=20 patient=3Ds distress and the=20 deterioration of the proposed patient=3Ds ability to = function. =20

Tex.=20 Health & Safety Code Ann. = ' = 574.034(d) (Vernon 2003) (emphasis added).

The judge=20 or jury must specify which criterion under the Texas Health and = Safety=20 Code forms the basis for the commitment order. Tex. Health & Safety Code=20 Ann. ' = 574.034(c) (Vernon 2003). In addition, the overt act or = continuing=20 pattern of behavior Amust=20 relate to the criterion on which the judgment is = based.@ =20 See J.M. v. State, 178 S.W.3d 185, 193 (Tex. = App.CHouston=20 [1st Dist.] 2005, no pet.) (citing In re C.O., 65 S.W.3d = 175, 181=20 (Tex. App.CTyler=20 2001, no pet.)).

In this=20 case, the trial court found appellant is mentally ill, and as a = result of=20 that mental illness, the following two statutory criteria were = satisfied:=20 (1) appellant was likely to cause serious harm to herself; and = (2)=20 appellant is suffering severe and abnormal mental, emotional, or = physical=20 distress; substantial deterioration of her ability to function=20 independently; and is unable to make a rational and informed = decision=20 about whether to submit to treatment. See = ' = 574.034(a)(2)(A),(C).

III. =20 Legal and Factual=20 Sufficiency

In three=20 issues, appellant challenges the legal and factual sufficiency of = the=20 evidence to support the trial court=3Ds orders=20 for temporary mental health services and to administer = psychoactive=20 medication.

A. =20 Standard of Review =

Clear and=20 convincing evidence is Athat=20 measure or degree of proof which will produce in the mind of the = trier of=20 fact a firm belief or conviction as to the truth of the = allegations sought=20 to be established.@ =20 State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per=20 curiam). When the burden of proof is heightened to a clear = and=20 convincing standard, the standard of review for legal sufficiency = of the=20 evidence is also heightened. City of Keller v. = Wilson, 168=20 S.W.3d 802, 817 (Tex. 2005). We must consider all evidence = in the=20 light most favorable to the finding to determine whether a = reasonable=20 trier of fact could have formed a belief or conviction that its = findings=20 were true. In re J.F.C., 96 S.W.3d 256, 266 (Tex.=20 2002). We must also assume that the fact-finder resolved = disputed=20 facts in favor of its finding if a reasonable fact-finder could do = so, and=20 disregard all evidence that a reasonable fact-finder could have=20 disbelieved or found to be incredible. Id.

In=20 reviewing the evidence for factual sufficiency under the clear and = convincing standard, we inquire Awhether=20 the evidence is such that a fact-finder could reasonably form a = firm=20 belief or conviction about the truth of the State=3Ds=20 allegations.@ =20 In re C.H., 89 S.W.3d 17, 25 (Tex. 2002). We must = give due=20 consideration to evidence that the fact-finder reasonably could = have found=20 to be clear and convincing. Id. If, in light of = the=20 entire record, the disputed evidence that a reasonable fact-finder = could=20 not have credited in favor of the finding is so significant that a = fact-finder could not reasonably have formed a firm belief or = conviction,=20 then the evidence is factually insufficient. In re = J.F.C., 96=20 S.W.3d at 264B65.

B. =20 Order for Temporary Mental-Health Services=20

Appellant=20 does not challenge the finding that she is mentally ill, but = contends the=20 evidence is legally and factually insufficient to support the = finding that=20 she meets either of the two additional criteria necessary for=20 court-ordered temporary mental-health services. = Specifically, she=20 contends the State failed to show a recent overt act or continuing = pattern=20 of behavior that tends to confirm either (1) the likelihood of = serious=20 harm to herself, or (2) her distress and the deterioration of her = ability=20 to function. See Tex.=20 Health & Safety Code Ann. ' = 574.034(d).

At the=20 hearing, Dr. Atlaf Loya, testified as follows regarding=20 appellant=3Ds=20 condition based on her current hospitalization and his treatment = of=20 appellant during previous hospitalizations. Appellant has a=20 schizoaffective disorder. She has a Along=20 history@ = of=20 psychiatric problems although she denies any such problems. = She=20 arrives at the hospital usually in a Adecompensated=20 form,@ = very=20 paranoid, very delusional, and psychotic. The medical = personnel are=20 able to stabilize her with medication. However, as soon as = she=20 leaves, she does not take the medications. She was taking her = medication=20 Aoff and=20 on@ = during=20 her current hospitalization. For instance, she took all the=20 medication the day before the hearing but rejected the medication = that=20 same night and two days before the hearing.^{^[2]} =20 Further, she initially denied that she needed to take any=20 medication. She agreed to take the medication only so that = she could=20 be discharged. However, Dr. Loya doubted she will take the=20 medication after discharge.

Dr. Loya=20 also explained that appellant=3Ds mental=20 illness affects her ability to take care of herself physically by=20 interfering with her multiple physical medical conditions which = are=20 life-threatening and serious. Significantly, he opined that = she=20 constitutes a serious harm to herself because, when she does not = take her=20 medication, Ait=20 interferes with her overall care B = physical=20 as well as psychiatric. She ends up in the hospital with = shortness=20 of breath, exhibition of C.H.F. [congestive heart failure] and all = of the=20 medical problems to the form that she ends up in the I.C.U. = [intensive=20 care unit]. . . . That=3Ds because=20 of her medical condition. She=3Ds=20 dangerous because she won=3Dt take her=20 medication.@ =